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Other honorable and well-meaning Presidents, such as James Buchanan, took the opposite and, as it seems to me, narrowly legalistic view that the President is the servant of Congress rather than of the people, and can do nothing, no matter how necessary it be to act, unless the Constitution explicitly commands the action.
In legalistic complexion the proposed measure was of the same character as previous legislation dealing with this subject, instances of which are the Act of 1842, requiring the election of members of the House by districts, and the Act of 1866, regulating the election of United States Senators.
And what of the pietism of the Halle emissaries in Pennsylvania? Dr. Mann declared concerning Muhlenberg and his co-laborers: "Their pietism was truly Lutheran piety, a warm-hearted, devout, practical Lutheranism." The piety for which they strove so earnestly and zealously was, in more than one respect, neither truly evangelical nor soundly Lutheran, but of a legalistic and subjective nature.
For the last two hundred years the Calvinistic peoples have been reforming back from Calvin's rules and spirit, either to a better foundation for the perpetuation and honor of the Church or to a rationalistic skepticism which lets go all the distinctive elements of the genuine Christian Creed the natural reaction from the hard and overstrained severity of a legalistic style of Christianity.
For every one who teaches men to seek their salvation in any manner and to any degree in their own works serves not Christ, but Antichrist. This is such a fearful calamity that no terms should be regarded as too scathing in which to rebuke legalistic tendencies.
Single-handed, The Ladies' Home Journal kept up the fight until Mark Sullivan produced an unusually strong article, but too legalistic for the magazine. He called the attention of Norman Hapgood, then editor of Collier's Weekly, to it, who accepted it at once, and, with Bok's permission, engaged Sullivan, who later succeeded Hapgood as editor of Collier's.
No amount of legalistic argument can becloud this issue in the eyes of these ten million American citizens. Surely the signers of the Constitution did not intend a document which, even in wartime, would be construed to take away the franchise of any of those who are fighting to preserve the Constitution itself.
At that time a narrowly legalistic point of view toward natural resources obtained in the Departments, and controlled the Governmental administrative machinery.
As in his philosophical discussions he is a follower of the Kalam, so in his legalistic works he is indebted to the Mohammedan schools of religious law. Like Al-Basir, Jeshua ben Judah regards as the corner stone of his religious philosophy the proof that the world was created, i. e., that it is not eternal. His arguments are in essence the same, though differently formulated.
The idea of a penalty owing to the "justice" of God is a thoroughly legalistic one, the offspring of an age which thought in terms of law. It deals throughout with abstractions. The very word "justice" is a general notion, a concept, the work of the mind abstracting from particulars. Justice and mercy are used like counters in some theological game at which we are invited to play.
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